United States v. Sbrusch

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LEROY SBRUSCH…

Court: United States Court of Appeals, Ninth Circuit

Date published: May 30, 2006

04-30163, 04-30169 (9th Cir. May. 30, 2006)

Opinion

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LEROY SBRUSCH, Defendant-Appellant. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LEROY SBRUSCH, Defendant-Appellant. Nos. 04-30163, 04-30169 United States Court of Appeals, Ninth Circuit May 30, 2006

NOT FOR PUBLICATION

Argued July 12, 2005 Submitted May 25, 2006

Appeal from the United States District Court for the District of Alaska James K. Singleton, District Judge Presiding D.C. Nos. CR-03-00087-2-a-JKS, CR-03-00087-aka-JKS

Before: GOODWIN, BRUNETTI, and W. FLETCHER, Circuit Judges.

ORDER AND MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

The above captioned case is RESUBMITTED.

Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for Leroy Sbrusch filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Sbrusch subsequently filed a pro se affidavit, which we construe as his pro se supplemental opening brief. 9th Cir. R. 4-1(c)(6). The government declined to file an answering brief. Id.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 (1988), discloses no grounds for relief.

Accordingly, counsel§s motion to withdraw is GRANTED, and Sbrusch§s convictions and sentence are AFFIRMED.